Cracking the Whip Against Oneself
When it comes to hip-hop mixtapes, it is in a trickier position: the artists themselves often help produce the same mixtapes that the association is trying to squelch, and shrewd record labels long ago figured out that mixtapes can help drive sales of conventional CD’s.
On June 8, the East Village record and video shop Mondo Kim’s was raided by the New York Police Department.
I worked at a record store for 3 years. I saw albums by artists like Eminem, DJ Shadow, and even Brandy fly out the door because of mixtapes.
The equation is simple. DJs purchase “promo’” mix CDs prior to the official release of a given record. Those DJs then spin that same CD at every sweat-soaked club night in the city. Within hour’s hip-hop/R&B gleaned kids begin knocking down record store doors asking whether they have the new Joe Blow track. In true equal opportunity fashion store employees offer the same “promo’” mix to said kids. 9 times out of 10 said kids are looking for 1 track and don’t want to waste money on some burned CD-R DJ mix. The next Tuesday when Joe Blow’s album is released said kids once again pound down the door to throw down $15 on the counter.
Mixtapes introduce music. Sure, they aren’t garnishing any direct return to artists but by that same equation, neither does radio play.
Very interesting. The record industry didn’t go after the DJs who spun the tunes, for the same reason they don’t go after radio stations – both offer valuable exposure to the masses. Fine. They went after the guys selling bootlegged recordings. So do you think record stores should be able to sell mixtapes? In your example, 90% of customers would wait until the record was released anyway, but what about the 10% that WOULD buy the burned CD-R mixtape? Are you saying this should be legal?
“Sure, they aren’t garnishing any direct return to artists but by that same equation, neither does radio play.”
I realize it’s a small amount relative to the sale of a record, but don’t artists get royalties each time a song is played on the radio?
How Music Royalties Work
Recording artists don’t get paid royalties on public performances (i.e. radio, TV, juke boxes, etc..). It’s stated clearly in copyright law that because radio play gets the artist more money from exposure these venues shouldn’t have to pay to promote. However, songwriters and publishers do earn royalties with air play. But not without a hitch. Usually the record label owns the copyright of the SPECIFIC recording of a given song (the one being played). So, often times songwriters get barely anything from radio play (having to share cash with the other copyright holders like the label) but a hope to increase record sales (where again they’ll be ripped off). Look into organizations like BMI and ASCAP to find out more about it.
I do think record stores should be able to sell mixes. Like radio play (you can always tape the song off the radio) I feel it helps more than hinders artists and stores. I saw it first hand. If the mixes weren’t there, the song wouldn’t be as popular.
read the linked article…very informative
anyway, i think the riaa knows that in certain genres mixtapes do promote artists so effectively that they can actually generate more revenue than they destroy. but it’s a fine line because mixtapes (bootlegs) can’t be made legal across the board since almost no one would buy the more expensive “official” copies. many stores would carry “unofficial” copies exclusively. so they bust a store here and there knowing full well that far more stores are selling mixtapes as well. this way, they have their cake and eat it too, so to speak. that’s my theory at least…